Building and Construction Industry Security of Payment Act 1999 NSW
Government Information Kit
INFORMATION SHEET 11
Sample Payment Schedule Form under the
Building and Construction Industry Security of Payment Act 1999 NSW
PAYMENT SCHEDULE
To (Claimant’s Name):
ABN (where applicable)
Address (ordinary place of business)
Phone Number
Fax Number
This is a Payment Schedule made under the Building and Construction Industry Security of
Payment Act 1999 NSW.
From (Respondent’s Name):
ABN (where applicable)
Address (ordinary place of business)
Phone Number
Fax Number
Contract Details
Project:
Contract Number (where applicable):
Date of Payment Claim
(date when claim was served):
Total amount of this Payment Claim $
Amount that respondent proposes to pay (the $
“scheduled amount”)
If the scheduled amount is less than the claimed amount, the reasons why it is less and the reasons
for withholding payment are set out in the Attachment(s) below.
Signed (respondent):
Date:
Attachment(s)
[Note: Detail all reasons for non payment of any amount shown in the Payment Claim. In an adjudication,
the respondent cannot raise in defence any reason not stated here.]
Page 1 of 2 March 2003
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Building and Construction Industry Security of Payment Act 1999 NSW
Government Information Kit
INFORMATION SHEET 11
Payment Schedule
Notes for the guidance of the Claimant and Respondent
1. If a Payment Claim is made under the Building and Construction Industry Security of Payment
Act 1999 NSW on a respondent, the respondent must provide a Payment Schedule if the intent is
not to pay the claim in full. This is regardless of whether the respondent believes that the
claimant is not entitled to make the claim.
2. The respondent must serve the Payment Schedule on the claimant within 10 business days after
being served with the Payment Claim.
3. If the respondent fails to serve a Payment Schedule on the claimant within 10 business days after
being served with a Payment Claim under the Act, the respondent must pay the full amount of the
Payment Claim.
4. The Payment Schedule must identify the Payment Claim to which it relates and must indicate the
payment (if any) that the respondent proposes to make.
5. If the amount that the respondent proposes to pay is less than the amount claimed in the Payment
Claim, the respondent must :
a. set out the amount (if any) that the respondent agrees to pay the “scheduled amount”;
b. set out the amount (if any) that the respondent does not agree to pay under the payment
claim;
c. set out detailed reasons in the attachment(s), as to why the respondent intends not paying
any amount with respect to the payment claim;
d. set out detailed reasons in the attachment(s), as to why the respondent intends
withholding any amount with respect to the payment claim including how the valuation
of the withheld amount has been calculated.
6. The Payment Schedule may be served in accordance with the Contract or may be served as
provided under the Act by delivering it:
a. in person to the claimant; or
b. by lodging it during normal business hours at the claimant's ordinary place of business; or
c. by sending it by post to the claimant's ordinary place of business; or
d. by sending it by facsimile to the claimant's ordinary place of business.
7. The Payment Schedule is not served until it is received by the claimant in the correct manner as
detailed above. It is important that evidence of serving is kept, for example, facsimile receipts.
8. If the amount that the respondent proposes to pay is less than the claimed amount, the claimant
may apply for adjudication of the progress payment to be made. The claimant must lodge an
adjudication application within 10 business days after receiving the Payment Schedule.
9. The respondent must pay the scheduled amount by the due date for payment under the contract or
if the contract does not provide a due date, then within 10 business days after receiving the
payment claim.
Page 2 of 2 March 2003
Caution – Please read the Information Kit’s Disclaimer

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